IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE L. NARAYANA SWAMY MISCELLANEOUS FIRST APPEAL NO.3218/2015(MV) BETWEEN:
SRI.SIDDARAMU G M S/O SRI PINIKI MADEGOWDA, AGED ABOUT 36 YEARS, R/AT GURUDEVARAHALLI VILLAGE, CHIKKARASINAKERE HOBLI AND POST, MADDUR TALUK, MANDYA CITY, PIN – 571 401. ... APPELLANT (BY SRI.MANJANNA M S, ADV.) AND:
SRI.CHANDRESHA S/O SRI PAPANNA, NO.176./1, MELLAHALLI VILLAGE, MADDUR TALUK, MANDYA DISTRICT, PIN – 571 401 ... RESPONDENT (R1 IS SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.8.2014 PASSED IN MVC NO.818/2013 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, MADDUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT This appeal is filed by the claimant seeking enhancement of the compensation for having suffered accidental injuries on account of the accident occurred on 19.11.2012. The claimant made claim petition in MVC No.818/2013 on 8.1.2013 before the Court of Senior Civil Judge and MACT, Maddur who by its order dated 25.8.2014 has awarded compensation of Rs.65,000/-. Aggrieved by this the appellant has filed this appeal.
2. The grounds urged by the appellant in this appeal are that the income of the injured is taken on the lower side as he was doing milk vending business and he was earning Rs.20,000/- p.m., and the same is not considered for the purpose of awarding compensation under the head loss of future income. As per the wound certificate and medical certificate, it discloses that he has suffered multiple soft tissue injury and fracture of middle 1/3rd of right radius. In support of the same, the appellant has produced EX.P.8 discharge card and EX.P.17-medical prescriptions and medical bills. These are documents which were sufficiently available to award just and proper compensation. Hence, sought to allow this appeal by enhancing the compensation.
3. The learned counsel for the respondent sought to dismiss the appeal.
4. I have heard the learned counsel for both the parties and perused the records. It is contended that the Tribunal has not assessed the income under the loss of future income since the doctor has not been examined for the purpose of assessing disability. Be that as it may, it does not itself disentitled the Tribunal from awarding compensation. Under the circumstances, I deem it just and proper to award another sum of Rs.10,000/- under the head pain & sufferings, sum of Rs.20,000/- under the loss of amenities and another sum of Rs.10,000/- under loss of income during laid up period and another sum of Rs.25,000/- is awarded towards food and nourishment and incidental expenses. In all the claimant – appellant is entitled for enhanced compensation of Rs.65,000/- in addition to the compensation awarded by the Tribunal. The enhanced compensation carries interest at 6% P.A. from the date of petition till the date of payment. The appeal is allowed in part.
Sd/- JUDGE NM